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 H1-B Cap update
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Posted on 04-04-08 1:27 PM     Reply [Subscribe]
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No update on the number of H1b cases received by the CIS yet.  In a memo on another topic this morning, the CIS stated that they will announce a final receipt date once they have recevied enough H1b cases to meet the H1b quota.  The statement as worded gave the impression that they have not received enough applications yet; however, most likely it just means that they are significantly behind in counting the number of cases received since they have not provided any type of count to date.

The USCIS also announced today the release of the interim final rule regarding extension of OPT from 12 to 29 months for 'qualified F-1 non-immigrant students.'  The breadth of this extension, unfortunately, is more limited than what the title implied.  The extension will be available to F1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.  To be eligible for an OPT extension, an F-1 student must:

1)  Currently be participating in a 12-month period of approved post-completion OPT;
2)  Have successfully completed a degree in science, engineering, technology, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by teh US Immigration and Customs Enforcement's Student and Exchange Visitor Program;
3)  Be working for a U.S. employer in a job directly related to the student's major area of study;
4) Be working for, or accepted employment with, an employer enrolled in US Citizenship adn Immigration Services' E-Verify program.  E-Verify is a free internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and
5)  Properly maintain F-1 status.

A section of the memo also reads, 'Another aspect of the rule responds to the situation in which an F-1 student's status and work authorization expires before he or she can begin employment under the H-1B visa program.  The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions.  The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.'

 
Posted on 04-04-08 1:35 PM     Reply [Subscribe]
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Java,
Do you have a source for this?

 
Posted on 04-04-08 1:54 PM     Reply [Subscribe]
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go to this site:
        http://www.infinitilaw.com/h1bquotacount.html

 
Posted on 04-04-08 3:39 PM     Reply [Subscribe]
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USCIS to Accept H-1B Petitions Sent to California or Vermont Service Centers
Temporary Accomodation Made for FY 09 Cap-Subject H-1B Petitions

WASHINGTON â€“ U.S. Citizenship and Immigration Services (USCIS) announced today that it will not reject an H-1B petition that is subject to the fiscal year 2009 cap solely on the grounds that it was received at the wrong service center (e.g., the petition may have been inadvertently mailed to the California Service Center instead of the Vermont Service Center or vice versa).  

It is important to note this accommodation does not apply if the petitions were sent to the Texas or Nebraska Service Centers.

USCIS is taking this limited, short-term measure to alleviate concerns from the public where an H-1B petition has been received by USCIS but at the incorrect Service Center.  This measure applies only to H-1B petitions subject to the fiscal year 2009 cap that are received by USCIS before the close of business on the “final receipt date”.   The final receipt USCIS will announce the final receipt date once the agency determines it has received the number of petitions needed to fill the congressionally mandated limitations of 65,000 new H-1B visas and 20,000 U.S. advanced degree exemptions per fiscal year.


 
Posted on 04-06-08 7:53 PM     Reply [Subscribe]
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does the 17 months extention of OPT applicable to MBA graduates?
 


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